In her determination, Magistrate Maxwell agreed with the state that in 2018, Kathumba abused his office contrary to Section 25 (b1) of Corrupt Practices Act by disposing off the land  to Yankho Mchacha and Chimwemwe Kajawo at K10 million each.

Magistrate Maxwell said though the council's decision to sell the land was made in 2014 when the accused was not the DC, the court has found that it was disposed off during his tenure in 2018.

She also argued that the accused should give an account in the court on conflicting claims that the same land also belongs to the other party not the district council.

Ngwambula Nundwe, is the ACB' senior legal and prosecution officer, who has welcomed the court's decision.

"We are happy with the court's decision. This means that now he can enter his defence. But as for us we will wait for them to save us with their disclosures so that we can now prepare," she said.

Defence lawyer, Chifundo Lihoma asked for 28 days to prepare the defence.

Meanwhile, Magistrate Maxwell has therefore adjourned the case to 9 June, 2023 to commence defence hearing.

Kathumba, currently on court bail, was arrested on 25 October 2022 and he was later interdicted.